SUBHAS ROY Vs. STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-2018-9-31
HIGH COURT OF CALCUTTA
Decided on September 06,2018

SUBHAS ROY Appellant
VERSUS
State of West Bengal and Others Respondents

JUDGEMENT

Harish Tandon, J. - (1.) The petitioner claiming himself to be the existing operator of route no. 81 and 81/1 on the strength of a Permanent Stage Carriage Permit challenged the action of the respondent authorities in extending the period of the offer letter issued to the respondent no. 6 beyond the ceiling limit provided under Rule 141 of the West Bengal Motor Vehicles Rules, 1989 (hereinafter referred to as 'said Rules').
(2.) Though the averments are made in the writ petition that initially the applications were called for by the Association, the respondent no. 7, but the application filed by the petitioner before the said respondent was not considered and/or processed and it appears that the respondent no. 6, who also filed the application with the Association, was favoured with the offer letter for grant of said permit in the newly notified route i.e. 81/1.
(3.) To remove any confusion in this regard, previously the permit was issued in respect of a combined route i.e. 81 and 81/1 to various operators and later on the authorities decided to issue the permit in a newly notified route i.e. 81/1 alone and the only applicant, who appears to have filed the application before the authorities, is respondent no. 6. It is unnecessary to go into the details of the facts averred in the instant writ petition, as the point of law, which has been raised, can be conveniently decided on the basis of the facts narrated herein above.;


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